it should be stated that the liberal justices are fighting back, none harder than sonia sotomayor. she basically said, if this court overrules roe and casey simply because of a change in membership, there will be a stench, a stench on the court that will be very hard to get rid of. i think we have an excerpt from that. >> let's play that for everyone. sonia sotomayor really laid into the solicitor general of mississippi with a lengthy line of questioning. here is part of it. let's play that. >> the right of a woman to choose, the right to control her own body, has been clearly set for -- since casey and never challenged. you want us to reject that line of viability and adopt something different. 15 justices over 50 years have -- or i should say 30 since casey, have reaffirmed that basic viability line. four have said no. two of them members of this court. but 15 justices have said yes, of varying political backgrounds. will this institution survive the stench that this creates in the public perception that the constitution hand its reading are just political acts? >> what does this

supreme court arguments are driven by the justices questions and today justice sonia sotomayor focusede supreme court can survive the appearance of political bias in this abortion case. >> justice sonia sotomayor says mississippi pass. it's 15 week abortion ban precisely because the supreme court now has a 63 conservative majority. will this institution survive the stench. that this creates in the public perception attorney julie rikelman and the u.s. solicitor general argued against mississippi's ban this case is about 50 years of precedent. >> that women's quality and ability to make decisions that are fundamental to their lives are at stake. rikelman says women are truly equal under the law. if they can be forced to carry an unwanted pregnancy to term roe v wade and planned parenthood v casey established that states can't ban abortion before a fetus is viable or around 24 weeks roe versus wade and planned parenthood versus casey on our country. mississippi solicitor general scott stewart tried to convince the justices that roe and casey were wrongly decided and should be overturned

amy: that is justice sonia sotomayor. if roe v.is overturned, almost half of states have so-called trigger laws already in place that will rapidly make abortion illegal. for more, we are joined by katie watson, bio-ethics professor at northwestern university feinberg school of medicine. she's a lawyer and the author of the book "scarlet a: the ethics, law and politics of ordinary abortion." professor watson, welcome to democracy now! there is so much to unpack here. if you can talk about what you found most significant and alarming about what took place in the u.s. supreme court on wednesday. >> most alarming and most saddening is that the court is on the brink of making a grave error that will put it on the wrong side of history. i say that for two reasons. if the court is to gut or return roe v. wade, that will hurt all american women, not just those seeking abortion. i think that is a point we have not quite captured. second, it will bankrupt the moral authority of the institution itself, the institutional legimacy concerning he

supreme court arguments are driven by the questions from the justices and today justice sonia sotomayor questions on whether the supreme court can survive the appearance of political bias in this case. >> justice sonia sotomayor says mississippi passed since 15 week. abortion ban precisely because the supreme court now has a 63 conservative majority. will this institution survive the stench. that this creates in the public perception attorney julie rikelman and the u.s. solicitor general argued against mississippi's ban this case is about 50 years of precedent. >> that women's basic equality and ability to make decisions that are fundamental to their lives are at stake. rikelman says women are truly equal under the law. if they can be forced to carry an unwanted pregnancy to term roe v wade and planned parenthood v casey established that states can't ban abortion before a fetus is viable or around 24 weeks roe versus wade and planned parenthood versus casey on to our country. mississippi solicitor general scott stewart tried to convince the justices that roe and casey were wrongly decid

she clerked for justice sonia sotomayor when she was a judge on the u.s. court of appeals on it is 2nd circuit. i want to start there, melissa. i want to start with the comments from justice sotomayor who has suggested something that many of us think, but we don't have the legal language or learning to express it that way and that is does -- what is the danger of the court appearing to do something political because there is this conservative majority and something conservatives have wanted done for a long time. what's the danger of the court being out of step on public opinion on the criminalization of abortion? >> ali, i think it's more just that the court is out of step with where the majority of americans are. if we were to overrule roe versus wade this time when the question has come before the court before, years before, in fact, and we haven't, it would give the strong impression that the only reason this decision is different is because the court itself is different, and that would raise questions about what has made the court different? the court h

sonia sotomayor is a hero. she's the voice of conscience on that body.ind of on her own. you know, there are three votes and the other side has six. >> absolutely, joy. i mean, first of all, we have to say i'm very critical of former president barack obama, but we have to say that this appointment of sonia sotomayor to the bench is one of the crown jewels of his accomplishments. >> yes. >> just without stop. i think, you know, when i talk about abortion and roe v. wade in class, i want to be very clear because democrats also have fallen into the trap of saying pro life and pro xhois. this isn't a discussion about pro life. >> no, it's not. >> because as you said, joy, republicans don't care once a baby is born. they also by and large believe in the death penalty. >> correct. >> we're talking about pro choice or anti-choice. does a woman have the autonomy over her own body to make decisions that she thinks is correct? we have so many men, and i'm sure dr. kumar can speak to this, so many men who don't understand the physiology of what it takes when a woma

. >>> la jueza latina sonia sotomayor.esgo su salud. >>> este caso los haga ver como tÍtulos polÍticos. ya que mississippi lo llevÓ la corte suprema, hay mÁs magistrados conservadores. uno de ellos es el juez... que no es ni pro vida ni pro aborto y deja el asunto a las personas y los jueces en los estados. >>> y de paso a otros estados que restringan o acaben con el derecho al aborto. >>> escasos meses antes de las elecciones de medio tÉrmino. en washington, randy serrano, telemundo. >>> hoy en mÉxico el presidente andrÉs manuel lÓpez obrador cumple 3 aÑos como primer mandatario, y dio un mensaje a la naciÓn desde el zÓcalo. los encuestadores en algunos casos aseguran que amlo llega al tercer aÑo de de mandato. 6 de cada 10 mexicanos aprueban el desempeÑo. >>> va muy bien, lo reconocemos desde nuestras comunidades, apartadas de un paÍs. ha hecho grandes proyectos a grandes rasgos. de acuerdo a una comparativa lÓpez obrador estarÍa 12% por encima del expresidente enrique peÑa nieto. y 4% por encima de... >>> nos explican e

>> well, we know, don, that justice sonia sotomayor warned about this in her dissent.d, look, the court was setting a very dangerous precedent and that other states would start to model what the texas legislature has done. that's exactly what california governor gavin newsom is talking about, not with respect to abortions but with respect to gun laws. you know, some may say it's perfo performative, that legislature states cannot enact laws that subvert the constitution. but i can tell you this, don, he's getting tremendous praise on social media from progressives, from democrats who are saying, you know, two can play this game. if republicans can go after abortion laws and try to restrict constitutional rights to abortions in the way that they have with this texas abortion law, that california can do so with respect to gun laws, which we know is something that republicans hold very dearly. so we don't know what's going to happen, but it's definitely getting a lot of support from those who are very concerned about the texas abortion law. >> a couple things you said. we

sonia sotomayor's point that, look, mississippi changed the filing when they could count to five. this is all just -- we're a super body of legislators who donald trump picked us and we got you bro and we got on there, now we're going to hook him up and our people. >> john roberts pointed out that. i think john roberts in the past -- you can see in the court's most recent abortion decision where he reluctantly and separately wrote in support of maintaining the precedent that john roberts might have been somebody who in the short-term would have said, okay, we have to respect precedent and look like we are respecting precedent. we will tiptoe through that line. today, he sounded like a man talking from the past. brett kavanaugh and in my opinion amy coney barrett are fully on board for the project that the others are on board for. it's very hard to imagine an instance in which the rest of red states look like what is happening in texas. it's really important to point out that we are seeing this experiment in practice. we understand why the supreme court allowed it to happen in texa

and sonia sotomayor, who is not very persuasive inside the courtroom with her colleagues becau becausew exactly where she is, speaking with people outside of the courtroom and resonating with people that are starting to believe about the supreme court, it is all political. >> look at brent kavanaugh. a lot of discuss about him after his 2018 confirmation proceeding when he talks about precedent, and he assures senator susan collins of maine about roe. >> one of the important things to keep in mind about roe v. w wade, it's been reaffirmed many times over the past 45 years as you know. most prominently, most importantly, reaffirmed in planned parenthood versus casey in 1992. >> in the oral argument if you think the prior precedents are seriously wrong why doesn't the court in its practice suggest the right answer is to return to a position of neutrality, suggesting those words are just words. >> and we wasted a lot of time on star decease sis and precedence during these confirmation hearings, which i feel is half of the point talking to lawmakers. i think from the group covering those h

. >> reporter: justice sonia sotomayor pointing out that mississippi state legislators introduced theically because the supreme court now leans conservative. >> will this institution survive the stench that this creates? in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> reporter: the court also focusing on fetus viability. the mississippi bill seeks to ban abortions after 15 weeks. >> why would 15 weeks be an inappropriate line? viability, it seems to me, doesn't have anything to do with choice. but if it really is an issue about choice, why is 15 weeks not enough time? >> first, the state has conceded that some women will not be able to obtain an abortion before 15 weeks, and this law will bar them from doing so. >> reporter: justice amy coney barrett offering the idea that women are allowed in most states to give up their newborn babies as an alternative to abortion. >> justice barrett seemed to say, given the ready ability of adoption today, is it really true that requiring woman to carry a pregnancy to term n

justice sonia sotomayor warned it will harm the credibility. >> will this institution survive the stenublic perception that the constitution and its reading are just political acts? >> lawyers for mississippi's last remaining abortion clinic argued while the affluent can travel hundreds of miles to end pregnant sees, people with lower resources cannot. >>> new allegations tonight that former president trump tested positive for covid just three days before his first debate with president biden last year. so says then-chief of staff mark meadows in a new book. nbc news confirmed that story through other sources but the white house never revealed that. sources characterize the initial test as a false/positive, so when a subsequent test came back, trump attended a campaign rally and the debate. three days later the public was told president trump tested positive for covid that. was october 2nd and he was hospitalized later that day. former president trump addressed that lorp today calling it fake news. so let's bring in our political expert. larry, nice to see you. nbc has confirmed this n

however, justice sonia sotomayor warned that scuttling decades of precedent merely because the court'ss changed will harm its credibility. >> all right. so we know car break-ins are an everyday occurrence in san francisco but the latest one is really taking it up a notch. tourists from north carolina was at the palace of fine arts yesterday afternoon. they knew car break-ins were a problem in the city, so they didn't leave anything in their rental car. so the thieves just waited until the tourist came back to strike. >> so you are walking around, took pictures. got back to our car. um, sat in the car. i put my camera bag behind me on the back seat. um, locked the doors and we wnt to leave and someone pulled up next to us really fast. and um, we heard knocking on the window and by the time i looked back, somebody was shattering the window and reached in and grabbed my bag. um, and pulled off with it. >> emily said the entire smash and grab took five to ten seconds. about $5,000 worth of camera equipment, stolen. neighbors told her thieves have look-outs planted in popular tourist spots

. >> reporter: justice sonia sotomayor with the two other liberals on the court warned of dire consequences if roe is overturned or gutted. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> reporter: a ruling in this case expected at the end of the court's term next summer, when most of the big cases are handed down. and you could hear the conservatives aiming high today. they were discussing not so much whether to overturn or gut roe versus wade but how to do it. david? >> all right, terry moran back at the court for us tonight. terry, thank you. >>> we turn now to the awful case out of beverly hills tonight. the wife of a famous and well-rfted music executive was murdered in their home. the couple mentored performers for decades. and here's abc's will carr. >> reporter: tonight, a shocking murder in beverly hills. jacqueline avant, the wife of legendary music executive clarence avant, killed overnight in their home. >> the motives in this case are still un

justice sonia sotomayor, in an impassioned dissent, declaring the court should have put an end to thisadness months ago. and warning, the court leaves all manner of constitutional rights more vulnerable than ever before to the great detriment of our constitution and our republic. and at the white house, press secretary jen psaki called on congress to act to enshrine the right to choose abortion in federal law. >> the ruling this morning is a reminder of how much these rights are at risk. >> reporter: now that this court has ruled on this texas law, all eyes on the mississippi law the court has heard, and that case could overturn or gut roe vs. wa wade. if the court does decide to overturn it, this law could stand and many others limit organize banning boris would follow. >> thank you, terry. >>> next, the new case of an unruly passenger. the authorities say the passenger assaulted a flight attendant and an air marshal. zohreen shah at l.a.x. tonight. >> reporter: tonight, that frightening mid-air confrontation. a passenger accused of assaulting a flight attendant and then an air marsha

. >>> plus, supreme court justice sonia sotomayor warned this week that the u.s.s. wade in its devolution into a political body. could it also push democratic senators to seek out court reform? >>> and the women's tennis association taking a hard line against china after the mysterious disappearance of tennis star peng shuai. "deadline white house" continues after a quick break. don't go anywhere. continues after a quick break. don't go anywhere. now, nurtec odt can not only stop a migraine it can prevent a migraine as well. nurtec is the first and only option proven to treat and prevent migraines with one medication. onederful. one quick dissolve tablet can start fast and last. don't take if allergic to nurtec. the most common side effects were nausea, stomach pain, and indigestion. with nurtec, i treat migraine my way. what's your way? ask your doctor about nurtec to find out! ♪♪ ♪♪ let's go walter! after you. walter, twelve o' clock. get em boy! [cows mooing] that is incredible. it's the multi-flex tailgate. it can be a step, it can even become a workspace. i m

thanks god for sonia sotomayor who is the conscience of that body. but they have failed us.have three trumpers on there. they are doing exactly what donald trump wants and good-bye to roe v. wade you all. based on the court. i hope they will set things right. but god help us if that court is supposed to be our salvation. they ain't doing it. michael steel, tiffany cross, jason johnson, thank you all very much. >>> up next, the world food program ambassador, celebrity chef andrew zimmer about the rising food insecurity. it was a fascinating discussion. do not many is it. a must in your medicine cabinet! less sick days! cold coming on? zicam is the #1 cold shortening brand! highly recommend it! zifans love zicam's unique zinc formula. it shortens colds! zicam. zinc that cold! my hygienist cleans it shortens colds! with a round head. so does my oral-b my hygienist personalizes my cleaning. so does my oral-b oral-b delivers the wow of a professional clean feel every day. >>> the world isn't grappling with the grueling realities of the covid pandemic for nearly two years now. whi

especially justice sonia sotomayor, who pointed out that none of the basic issues have changed since the court's previous upholding of roe. and that mississippi's stated purpose for bringing this case now is because they wanted it in front of all of these new republican appointees. and given those facts, she asked this question: >> will this institution survive the stench? >> stephen: it's a valid quetion, though that stench might just be brett kavanaugh's beer sweats, or boof burps. ( laughter ) if the justices do overturn roe, it will not be popular. last month, an abc news/ washington post/papa john's triple bacon pizza poll found that 60% support upholding roe, compared to only 27% who want to overturn it. that's more than 2 to 1. so if it's this unpopular, why is everyone saying it's going to happen? well, i don't want to get too technical, but we - what's the word - don't have a democracy. five of the nine justices were appointed by presidents who lost the popular vote, the last three confirmed by a republican senate who now represent 41 million fewer americans than the democra

sonia sotomayor worried about the political stench if overturn roe v. creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> i think the concern about appearing political makes it absolutely imperative that the court reach a decision well-grounded in the constitution. ainsley: here to react vice president at the cato institute, publisher of the kato supreme court review ilia shapiro. >> good to be with you. ainsley: start with what justice zona sotomayor said. >> i don't know if justice sonia sotomayor were are convincing colleagues. the political ramifications, i think some things have changed i don't even if it's going to be that much of a revolution beyond twitter or elite activists if, indeed, the court were to overturn are roe v. wade. in virginia where i live just last month terry mcauliffe tried to make abortion a huge issue it seems of those voters who prioritized the issue that benefited glenn youngkin the republican candidate. there is different ways of looking at the.

>> well, you know, we know, don, that justice sonia sotomayor warned us about this in the texas abortionr states would start to model what the texas legislature has done. that's what the california governor is doing, and some may say it's performative. that legislature, states, cannot enact laws that subvert the constitution. but he's getting tremendous praise on social media from progressives, from democrats who are saying two can play this game. if republicans can go after abortion laws and try to restrict constitutional rights to abortion in the way they have with this texas abortion law, california can do so with respect to gun laws. which we know is something that republicans hold very dearly. we don't know what will happen, but it's definitely getting a lot of support from those who are very concerned about the texas abortion law. >> a couple of things you said. we don't know what will happen. some say it's performative. is it a legal path, or is it a stunt, or too soon to tell? >> i don't think it's a stunt. he was outraged by the 5-4 supreme court decision that just came down, an

. >> i want to play something i heard from justice sonia sotomayor. >> will this institution survive the stench that this creates in the public perception and that the constitution and its reading are just political acts? i don't see how it's possible if people actually believe it's all political, how will we survive? how will the court survive? >> you have an answer for that? >> stench. that's not a word you hear justices talking about with their own -- stench. that's a pretty tough word. you know, justice robert jackson that served in the 40s and 50s had something he said about the supreme court that i always remember. we're not final because we're infallible. we are infallible because we are final. in other words, somebody has got to have a last word. it doesn't mean we're always right but the system has been set up that we have the last word so she says how will we survive? because our system needs a last word about what is constitutional. doesn't mean people will like it. doesn't mean people will respect the court perhaps the way they do now but this is the system that we're stu

one of the leading liberals, sonia sotomayor, says throwing this out will put them right in the middle of politics. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. it is what casey talked about when it talked about watershed decisions. if people actually believe thaits all poli-- that it's all political, how will we survive? how will the courts survive? >> she is outnumbered, right? >> she is outnumbered, john. interestingly, we heard three of those impassioned debates, soliloqu soliloquies -- if you will. this does seem this could come down 6-3, upholding that mississippi law. justice sotomayor is not the only one. he said any decision that might overturn roe v. wade could delegitimize the court in the public's eyes. the public might see them as bou bowing to political pressure. very impassioned words from the political justices, but i have to say, john, they're outnumbered 6-3. >> one of the reasons they're out numbered, one of the conservative justice

. >> pete: when it comes to the science, far left justice sonia sotomayor the self-described wise latina she doesn't want to hear it. disgustingly comparing babies in the womb dead people. >> 40% of dead people who if you touch their feet, the foot will recoil. there are spontaneous acts by dead brain people. so, i don't think that a response to -- by a fetus necessarily proves that there a sensation of pain or that there is consciousness. >> pete: you know, touching the feet of dead people, that's the same as a fetus. that's science to the wise latina. meanwhile their leader, the real speaker of the house comrade cortez topped all of this idiocy with a statement of her own saying on twitter, quote: reminded that brett kavanaugh still remains credibly remains accused of sexual assault collaborated details this year the fbi admitted it never fully investigated yet the court is letting him to decide whether to, get this legalized force birth in the u.s. no recusal. yeah, she just referred to not aborting a baby childbirth as legalized forced birth. that is who they are. they are extremists

thanks god for sonia sotomayor who is the conscience of that body. but they have failed us.ee trumpers on there. they are doing exactly what donald trump wants and good-bye to roe v. wade you all. based on the court. i hope they will set things right. but god help us if that court is supposed to be our salvation. they ain't doing it. michael steel, tiffany cross, jason johnson, thank you all very much. >>> up next, the world food program ambassador, celebrity chef andrew zimmer about the rising food insecurity. it was a fascinating discussion. do not many is it. fascinating . do not many is it. super emma just about sleeps in her cape. but when we realized she was battling sensitive skin, we switched to tide hygienic clean free. it's gentle on her skin, and out cleans our old free detergent. tide hygienic clean free. hypoallergenic and safe for sensitive skin. with downy infusions, let the scent set the mood. feel the difference with downy. firefighter maggie gronewald knows how to handle dry weather... ...and dry, cracked skin. new gold bond advanced healing ointment. resto

liberal-leaning justice sonia sotomayor slammed the supreme court's decision, saying the court shouldgo. my disagreement with the court runs far deeper than a quibble over how many defendants these petitioners may sue. the dispute is over whether states may nullify federal constitutional rights by employing schemes like the one at hand. abortion rights advocates are vowing to keep fighting even though they say they've only been left with a shred of a case. the supreme court also dismissed the case that was brought by the justice department to challenge s.b. 8. a spokesperson for the attorney general saying that they will continue to challenge the law in the lower courts since the law itself deprives americans of their constitutional rights established under roe v. wade. jessica schneider, cnn, washington. >>> still to come, a british court gives the green light to julian assange's extradition to the u.s. but the wikileaks founder not done fighting yet. we'll be right back. es. show your sore throat who's boss. new mucinex instasoothe. works in seconds, lasts for hours. [♪] powerful sk

liberal court justice sonia sotomayor saying this should have come to an end months ago.disagreement by the court runs far deeper than a quibble over how many defendants these petitioners may sue. abortion writes advocates are vowing to keep fighting even though they said they've only been left with a shred of the case. the supreme court also dismissed the case brought before the justice department that challenged s.b. 8, saying they will continue to challenge the law in the lower courts since the law itself deprives americans of their constitutional rights established under roe v. wade. jessica schneider, cnn, washington. >>> u.s. officials and dignitaries filled washington national cathedral friday for the funeral of former senator bob dole. president biden's eulogy recalled their 25 years in the u.s. senate. despite being on opposite sides of the aisle, biden called dole a genuine hero and a man of his word. dole spent 25 years in congress, most of them in senate. he ran for president three times, the republican nominee in 1996, losing to bill his casket has been flown

justice sonia sotomayor or put further adding it would have far-reaching repercussions, i doubt the countryared for them. while the justice department's request to pause enforcement has persisted, the high court has allowed private abortion advocates to sue over the law, it went into effect nearly three months ago and makes abortions illegal after the detection of fetal cardiac activity typically around six weeks. >> it's good news because the law will remain in effect as it has for quite some time. already saving thousands of lives. >> vice president kamala harris said the ruling threatens 50 years of precedent. >> we will continue to fight for the constitutional right of all women to make decisions about their own body. >> a september fox news poll shows 65% of registered voters feel roe v. wade should stand as is and for the first time that includes a majority of republican voters. but another case being weighed by the supreme court could strike down the 1973 decision. mississippi's dobbs v jackson women's health organization challenges the state's 15 week abortion ban. if upheld, it cou

justice sonia sotomayor made the point during yesterday's arguments you heard on msnbc, it was fascinating that tossing out landmark rulings on abortion rights could tarnish the court's reputation. here's some of what she had to say. listen. >> will this institution survive the stench that this creates in the public perception, that the constitution and its reading are just political hacks? >> barbara, what do you think this decision potentially could mean for the court as an institution? >> i thought those were very powerful words from justice sotomayor. the tradition of the supreme court and what gives the court its legitimacy but causes people to obey its orders is the notion that it is deciding cases based on fact and law and respecting precedent under the concept of stare decisis. sometimes cases get overruled but there's a process for that, based on the reliance of the law, looking at the consistency with other laws, deciding whether the standard has been workable in practice. what's not supposed to happen is that precedents get overturned because the makeup of the court has changed

justice sonia sotomayor made the point about how many supreme court justices including republican appointed supreme court justices have supported roe vs. wade over decades and what it will mean if the current republican supreme court justices decide to overturn it. >> the right of a woman to choose, the right to control her own body has been clearly set since casey and never challenged. you want us to reject that line of viability and adopt something different. 15 justices over 50 years have -- or i should say 30 since casey -- have reaffirmed that basic viability line. four have said no. two of them members of this court. but 15 justices have said yes. of varying political backgrounds. now the sponsors of this bill, the house bill in mississippi, said we're doing it because we have new justices. the newest ban mississippi has put in place, the six-week ban, the senate sponsor said we are doing it because we have new justices on the supreme court. will this institution survive the stench this creates in the public perception that the constitution and its reading are just political acts. i d

she's a former clerk to judge sonia sotomayor. also with us, activist and msnbc political analyst brittany pack nick cunningham. she hosted indistracted podcast which is now back for season 2. melissa, i want to start with you. i think we really set it up there, right? which is they're not going to do this and then be done. they're going to do this, and then they're going to keep going. give us a sense of what shifting control of reproductive rights to states means for abortion care. >> well, brett kavanaugh was the justice who seemed to be most enamored of this idea of returning this to the political process and specifically putting this in the hands of the state. as you say, there are about 25 states in the union that currently have trigger laws on the books that are just ready to go into effect to criminalize abortion if roe v. wade is overturned, and that seems imminent. even if this is returned to the states, that means, then, that there will be broad swaths of the country where women will not be able to access reproductive c

the justices quickly becoming in the eyes of many legal scholars the conscience of the court, sonia sotomayortics that brought the abortion ban to the nation's highest bench, citing her own observation of how states are passing ever stricter abortion laws. explicitly inspire by the court's new conservative majority. here's justice sotomayor in her own words. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? >> will it survive the stench, she asks? as ruth marcus writes for "the washington post," quote, this was no spur-of-the-moment comment. stench was a word deliberately chosen, calibrated to the perceived danger of the moment, studiously oblivious to whether it would antagonize colleagues. it was the equivalent of shouting fire in an uncrowded courtroom, not so much to those present but to a live streaming nation. it wasn't just that s-word that made a mark. sotomayor also pounding lawyers arguing in favor of mississippi's ban and overturning roe. asking the state solicitor-general, quote, wh

during oral arguments justice sonia sotomayor warned the high court could not survive the, quote, stench overturning roe, arguing that it would further erode public trust in the institution. she also warned of the weak edge of other rights protected by the constitution. >> in casey and in roe the court said there is inherent in our structure that there are certain personal decisions that belong to individuals and the states can't intrude on them. we have recognized that sense of privacy in people's choices about whether to use contraception or not. we recognized it in their right to choose who they're going to marry. i fear none of those things are written in the constitution. they have all, like marbury versus madison been discerned from the construct of the constitution. >> joining us to discuss well beyond abortion care, dr. law, and michelle goodwin and nbc civil rights attorney, i was able to watch both you and michelle nodding very much in agreement with the justice. talk to me about both what this is going to mean for those seeking abortion care, but also if they got roe, which ot

it should have allowed the providers to sue a larger number of officials and you had justice sonia sotomayors allowed to go into effect three months ago in the first place. she wrote a really angry opinion. she said the court should have put an end to this madness months ago before sb8 first went into effect. so that's where she is, and she made one more point. she said because the supreme court didn't give the providers everything they wanted today, there are going to be more copy cat suits popping up across the country, not only on the issue of abortion but other constitutional rights. that's the fear of liberals in what she said today. >> ariane de vogue breaking it down for us there in washington. thank you so much. let's bring in gloria brown marshal, constitutional law professor at the john j. college of criminal justice also the author of "she took justice" the black woman law and power, and texas state representative donna howard with us as well. she chairs the texas women's health caucus. first to you, representative howard. what this means for the providers in your state. we heard

liberal-leaning justice sonia sotomayor slammed the supreme court's decision, saying the court shouldent with the court runs far deeper than a quibble over how many defendants these petitioners may sue. the dispute is over whether states may nullify federal constitutional rights by employing schemes like the one at hand. and abortion rights advocates now say that they will vow to keep fighting, even though they've only be left with what they call a shred of a case. so wolf, the bors pabortion pro will go back to the the distric court in texas. they'll try to get a ruling in their favor, but even if they do, this will not stop private citizens from anywhere in the country from suing under this law, and that is exactly what has prompted the closure of these abortion clinics, this threat of litigation. the fight continues in federal court, also in state courts, but all the while, wolf, this law does remain in effect, effectively banning abortion in television. >> we'll see how long that happens. thanks very much, jessica schneider with that report. let's get some analysis, cnn legal anal

you heard justice barrett and also now justice sonia sotomayor talk about the concern that the publicception of the supreme court as being a partisan institution. and the problem with that is when the public views a supreme court as being extremely politicized and partisan is that it could undermine the legitimacy of the court and the rulings that it will bring down for months and then years to come. >> dean, the most problematic part of this is that this isn't something that the midterms of the 2024 election will be able to change or even the 2022 to be honest. these justices will be in power for decades, and therefore, regardless of, you know, the presidency or even the number of representatives that may come and go in any given year off term election, the gop have the most power. they have the power to turn almost anything into policy with this. what do you make on what that means for the majority of americans to have a say in the future of this country? i've tried to outline how i think and view the supreme court as not being undemocratic, and those that put it in power are not de

justice sonia sotomayor writing for the group , the court should have put an end to this madness monthsect, but as the supreme court steps away from the debate in texas, it's weighing a separate abortion case in mississippi. dobbs versus jackson women's health organization involving a challenge to mississippi law banning most abortions after 15 weeks, and the question for dobbs is not simply whether roe will be reversed, but whether the court is going to dramatically change and reduce the reach of road. in this goes to that pre viability questions . so this is just a reiteration of how much reinforcement i should say of how important it is to codify row. a decision on the mississippi case is expected this summer at the supreme court . alexandria hoff, ktvu, fox two news. the ceos of target best buy, and other major retailers are asking congress for help to deal with the recent rise in retail theft. coming up here on the four we'll talk live with the representative from the retail industry association about the regulations. those large companies want to see. and it is a small device mean

justice sonia sotomayor focused her questions on whether the supreme court can survive the appearance of political bias in this abortion case, adding that mississippi passed its 15 week. abortion ban precisely because the supreme court now has a solid 63 conservative majority attorney julie rikelman and the u.s. solicitor general. keep argued against mississippi's ban. riggleman says women aren't truly equal under the law if they can be forced to carry an unwanted pregnancy to term roe v wade and planned parenthood. the casey established that states can't ban abortion before a fetus is viable usually around 24 weeks. well, the mississippi solicitor general scott steward tried to convince the justices that row. and casey were wrongly decided and should be overturned. >> roe versus wade and planned parenthood versus casey on to our country. nowhere else. does coert recognized a right and a human life. this case is about 50 years of precedent. >> that women's basic equality and ability to make decisions that are fundamental to their lives are at stake. >> if the court overturns roe many

last week justice sonia sotomayor said if the supreme court acts politically, meaning contrary to what the law is, but they act because politically they believe there should ban toned abortion, the supreme court will end up with a stench in which people think it's politicized. john roberts says this law was designed to work around established law in the supreme court, and if the supreme court goes along with that, it too will lose legitimacy. he cares if he undermine the law in this country. >> yesterday's opinion is both devastating because it has left the texas law in place. it's now been 101 days since the law has been in effect and is wreaking havoc in texas. most women can't get access to abortion because it uses this scheme to chill providers from providing care after six weeks. it's completely constitutional pre-viability after six weeks to get an abortion. and yet people in texas have either just given up trying to access abortion or they've had to drive hundreds of miles. and there's a backup in other states where they're going. i mean, there's a six-week wait in louisiana for

the obama-appointed justice sonia sotomayor rarely found a compromise with conservatives.ot just towed the party line on conservatism? >> i am not suggesting that they always toe the party line. when you have a completely frivolous attack on the affordable care act, i wouldn't expect any justice of any party who doesn't want to look like a clown to uphold that attack. what they are doing, however, is systematically dismantling the safeguards of democracy. decisions that undo critical parts of the voting rights act. decisions that refuse to get in the way of republican gerrymandering. decisions that refuse to deal with dark money in politics. these are not just wrong decisions. they are decisions that put the court on a continuous path to undoing fundamental human rights and the fundamental presuppositions of a genuinely democratic society. and it's a one-way ratchet. in the past, there have been pendulum swings, right and left, on the court. but these decisions taken together and now the impending decisions that will, for all practical purposes, take equal power away from

. >> obama appointee sonia sotomayor talked about the stakes being very high for the court.dent, not politics. given what you heard during arguments, is that happening? >> absolutely not. this court is unbelievably political, and of course donald trump was very open about the fact that he was going to put people on the court who would overturn roe, and it truly does look like that's about to happen, and what justice sotomayor said was, how can this court possibly survive the stench of this political decision by this court? and honestly, i don't think they will. i think this is going the hurt the reputation and the way that people perceive the court for a very long time to come, and justice roberts understands that. that's why he's almost begging his conservative colleagues to go with him in some sort of a middle ground that doesn't entirely overturn roe, but they don't seem poised to go there with him. >> sobering, wendy davis. thank you so much. we'll be talking about this a lot before the decision comes down in june or by july 1st. thank you. >>> the parents of the michiga

justice sonia sotomayor writing for the group, the court should have put an end to this madness monthse debate in texas, it's weighing a separate abortion case in mississippi. dobbs versus jackson women's health organization involving a challenge to mississippi law banning most abortions after 15 weeks, and the question for dobbs is not simply whether roe will be reversed, but whether the court is going to dramatically change and reduce the reach of rome. in this goes to that pre viability questions . so this is just a reiteration of how much a reinforcement i should say of how important it is to codify row. a decision on the mississippi case is expected this summer at the supreme court . alexandria hoff, ktvu, fox two news. transgender people say they are being denied jobs with uber according to s. f k uber is blocking job applications from transgender drivers because of their state identification. many applicants have older drivers license photos that do not match their profile photos showing their current gender or appearance. uber treats those documents as fraudulent and they were

. >> dana: sonia sotomayor had quite a take yesterday.pen. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> dana: she went on to say there is concern about the american people not trusting in our institutions, but when she said that i immediately thought there are a lot of people who think the original stench if you want to call it that started when this decision was decided in the way that it was, which was more of a political rather than a legal decision in the constitution. >> my initial reaction to that was you know, when the people's house this week we had members calling one another jihadists and crazy and traitors. there has been a lack of decorum throughout government recently. harry blackman played the role of a neonateologist and how we got roe v. wade. a lawyer decided to play god/doctor. so there will always be political considerations. some people think that same-sex marriage was on a track t

it is what justice sonia sotomayor warned about. >> this newest ban that mississippi has put in placee senate sponsor said, we're doing it because we have new justices on the supreme court. will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? i don't see how it is possible. >> i don't see how it is possible. dana millbank in the "washington post" puts it like this. quote, public opinion has not changed. the science has not fundamentally changed. no new legal theory has been promulgated. the only difference is the court now has a majority hell bent on settling scores in the culture wars, a looming post-roe political backlash is where we start this hour. congresswoman madeleine dean of pennsylvania is here. she's a member of the judiciary committee. also joining us, brian fallon, executive director of the progressive court group demand justice, and erin carmen is here, senior correspondent for "new york" magazine and coauthor of "notorious rbg." i want to start with you. this is not an original

said that friday's decision could be used to deprive americans of constitutional rights, just as sonia sotomayornal rights more vulnerable than ever before. joining our conversation, barbara mcquaid, former u.s. attorney and msnbc contributor. claire is still here. barbara, this is a question i have been asking since august when the ban was first in place. if vigilanteism gets a green light from the united states supreme court whery not use it on other side of the idealism factory making in america? why not use it for good to take guns off the street? >> i agree with you, nicolle. i think this is what happens when you allow the ends to justify the means. if a blue state is interested in doing things like making it illegal to possess weapons, they could do it for any constitutional right. a state could take away due process rights before they take away your property. they could make it illegal to speak out against the government. all of those things. even chief justice john roberts, who is no liberal, no fan of abortion rights wrote in his opinion last week that you can't look at the nature of th

just as sonia sotomayor voiced the concern that a lot of people watching this court just in their oral stench that will attach itself to the u.s. supreme court because a legislature passed a law after donald trump named several of these justices. so, how do you see this court right now? >> yeah, i mean,nicole, people have been saying for years, oh t sky is falling, the sky is falling. i think the sky is falling. we are at this pivotal and foreboding moment, and the new majority seems completely unabashed about using its power to really change american society in a series of ways that i think society is not ready to go to. and we have five members of the court who were all sort of bred in this hot house of conservative thought and hostility to supreme court precedent and really seem poised to make their views the law of the land. and whatever you think about the sort of brass knuckles political maneuvers that got them there, and they were pretty raw, there's a -- the huge problem here is that when you have a majority all drawn from the same narrow stratum that american legal profession